On the correct construction of the transitional provisions in the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 Sch.2 para.23(1) the secretary of state had the power after the coming into force of the relevant provisions of the 2003 Act to recall to prison for cause prisoners who had been released on licence before that date.

[2006] EWCA Civ 280